                                 CODE OF VIRGINIA

PROCEEDINGS BY HEIR AT LAW OR DESCENDANT FOR REMOVAL OF ANCESTOR&#8217;S REMAINS
FROM PREVIOUSLY UNIDENTIFIED OR ABANDONED FAMILY GRAVEYARD (§ 57-38.2)

Any heir at law or descendant of a deceased person interred in a previously
unidentified graveyard or an abandoned family graveyard in which no body has
been interred for 25 years may file a bill in equity in the circuit court of the
county or city wherein the land is located for the purpose of having the remains
interred in the graveyard removed to some more suitable repository. The owner of
the land, any beneficiaries of any reservation of rights, and all other persons
in interest, known or unknown, other than the plaintiffs shall be duly made
defendants. If any of such parties are unknown, notice may be given by order of
publication. Upon the case being properly matured for hearing, and proof being
made of the propriety of the removal, the court may order the removal and the
remains properly deposited in another place, at the expense of the petitioner.
The removal and reinterment shall be done with due care and decency.
		The bill may be filed and relief granted regardless of whether there has been
a reservation of rights in the graveyard and regardless of whether the
beneficiaries of any reservation of rights desire to waive their rights. In
determining the question of removal, the court shall consider the historical
significance of the graveyard and the wishes of the parties concerned so far as
they are brought to its knowledge, including the desire of any beneficiaries of
any reservation in rights, and shall exercise sound discretion in granting or
refusing the relief prayed for.

HISTORY: 1990, c. 562; 2019, c. 195.